KAHC010645132024_1

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The present batch of writ appeals is directed against a common order dated 26.09.2024 passed by the learned Single Judge of the High Court of Karnataka, whereby three writ petitions filed by the appellant (Jaiprakash Engineering and Steel Co. Ltd.) were dismissed. The dispute concerns lands situated in Kenjar, Thokur, and Kulai villages of Mangaluru Taluk, which were allotted to the appellant by the Karnataka Industrial Areas Development Board (KIADB) for establishing an integrated steel plant. The appellant claimed possession of the lands was handed over between 1995 and 2000, and it had paid Rs.30.79 crores towards tentative land costs and service charges. The appellant challenged a notice dated 14.11.2017 issued under Section 34-B(4) of the Karnataka Industrial Areas Development Act, 1966 directing surrender of portions of the land, minutes of the 48th meeting of the State High Level Clearance Committee (SHLCC) held on 31.08.2017, a Mahazar dated 22.11.2017 allegedly in violation of natural justice, and a corrigendum dated 08.03.2018 issued by the Government of Karnataka. The Single Judge dismissed the writ petitions. Aggrieved, the appellant filed these appeals. The judgment text provided does not contain the court's reasoning or final decision, and thus a complete summary cannot be given.

Issue of Consideration

KAHC010645132024_1

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Case Details

2025 LawText (KAR) (12) 27

WA No. 1659 of 2024, WA No. 1661 of 2024, WA No. 1703 of 2024 (arising from W.P.No.41829/2019, W.P.No.52937/2017, W.P.No.566/2018)

2025-12-19

Hon'ble Mr. Vibhu Bakhru, Chief Justice; Hon'ble Mr. Justice C M Joshi

For Appellant: Sri C.K. Nandakumar, Senior Advocate; Sri Prashanth V.G., Advocate; For Respondents: Sri C.S. Pradeep, AAG with Sri K.S. Harish, Government Advocate (R-1); Sri Basavaraj V. Sabarad, Senior Advocate with Sri H.L. Pradeep Kumar, Advocate (R-2 & R-3); Sri K. Arvind Kamath, ASGI; Sri H. Shanthi Bhushan, DSGI with Smt. Resham Thammaiah, Advocate (R-4/R-3)

Jaiprakash Engineering and Steel Co. Ltd.

State of Karnataka, Karnataka Industrial Areas Development Board, Development Officer & Executing Engineering, Indian Coast Guard

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Nature of Litigation

Writ appeals against dismissal of writ petitions challenging actions of KIADB and State Government regarding surrender of lands and related decisions.

Remedy Sought

Setting aside of common order dated 26.09.2024 and allowing of the writ petitions seeking quashing of notice under Section 34-B(4) of KIAD Act, SHLCC minutes, Mahazar, and corrigendum.

Filing Reason

Appellant's grievance against KIADB's direction to surrender possession of lands and alleged violations of natural justice and contrary decisions.

Previous Decisions

Single Judge of High Court dismissed the writ petitions by common order dated 26.09.2024.

Judgment Excerpts

The possession of the subject lands was handed over to JESCO between the years 1995-2000 and it claims that it had paid a sum of Rs.30.79 crores towards the tentative costs of land and service charges to the KIADB, as and when the lands were handed over. In W.P.No.52937/2017, the appellant, inter alia, challenged the notice dated 14.11.2017 issued by KIADB under Section 34-B(4) of the Karnataka Industrial Areas Development Act, 1966, whereby the appellants were directed to surrender possession of certain portions of the subject lands. The appellant also impugned the Mahazar dated 22.11.2017 and claimed that the Mahazar process was in violation of the principles of natural justice and the order of status quo passed by this Court. In W.P.No.41829/2019, the appellant challenged the corrigendum dated 08.03.2018 issued by respondent No.1, as illegal and contrary to the decision made in the 35th meeting of the SHLCC dated 14.05.2014.

Procedural History

The appellant filed three writ petitions: W.P.No.52937/2017, W.P.No.566/2018, and W.P.No.41829/2019. These were dismissed by a common order dated 26.09.2024. The present writ appeals were filed on 07.11.2024 and were reserved for judgment. Judgment pronounced on 19.12.2025.

Acts & Sections

  • Karnataka Industrial Areas Development Act, 1966: 34-B(4), 1(3), 3(1), 28(1), 28(4)
  • Karnataka High Court Act, 1961: 4
  • Mines and Minerals (Development and Regulation) Act, 1957: 11(4)
  • Karnataka Minor Mineral Concession Rules: 31
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